Supreme Court (Rules of Procedure) Act 1987

I Thís Act may be cíted as the Supreme Court (RuLes of

Procedure) Act 7987.

i

Sectíons 1 and 2 shall come into oPeration on

I (1 )

I the day on which th e Adminístratorrs assent to this Act

! is given.

i f (2) The remaining provisions of thís Act shall come into operation on a date to be fixed by the Admínistrator

,f by notice ín the Gazette.

i

; The Supreme Court Act is in this Act referred to as the Principal Act.

I

Govgmm€nt Prinler ot lhe Nonh6m Temlory

Pr¡ce: S1 10

Suprene Court (Rules of Procedure)

The Rul-es of the Supreme Court of the Northern

Territory of Australia comprísíng the Statutory Rules and

Regulations specified in the Schedule (other than Orders

64 and 69, and the Second and Fourth Schedules to, those

Rules) are repealed.

The Supreme Court (Justíces Appeals) Rules, comprísing Statutory Rules L969, No. 167, are repealed.

In this Act ttnerd Rulestt means the Rules of the

Supreme Court ratified, va1ídated and approved under sectioû 6(1) or, except in section 7, those Rules as

¡mended from time to time.

The Ru1es of the Supreme Court conditionally made by the Judges of the Supreme Court on 31 JuIy 1987 and subsequently tabled in the Legislative Assembly are by this Act rãtífíed, validated and approved.

The ne$r Rules are for all purposes ( including for the purpose of beíng amended) to be taken to be Rules of Court duly made under the Princípal Act by the Judges of the Supreme Court.

7. CONFLICT BEThTEEN NEId RULES, &c. , AND ACTS

To the extent that the new Rules are, or a direction under section 9 Ís, inconsístent wlth the Príncípal Act as

¡mended by this Act or with any other Act, those Rules or that directíon, as the case may be, shall prevail.

For the purposes only of av.oiding an ínconsistency in the new Ru1es or between the new Rules and -

the Principal Act as amended by thís Act; or

any other Act, the e Supreme Court $/ho are not actíng or add r .or a majority of them, rây nake Rules of the new Rules notwithstanding that, but f.or they may not have the power tõ make such

RuI

2

(1 ) For the PurPos e only of avoiding an inconsis-

re Northern tency in the new Rules or between the nerl Rules and -

¡ Rules and (a) the Principal Act as amended by thís Act; or

:han Orders to, those (b) any other Act' but without limiting the Chief Justícers powers under

-s ) Rules, section 72 of the Prlncipal Act as amended by this Act, repealed. the Chief Justice may give directions relating to a matter

I of practice or procedure of the Court notlsithstanding thal, but for this section, the Chief Justíce may not have the power to give such a direction, and the matter shall es of the be governed according to those directions.

rved under

Rules as I (2) A under subsection (1) which, but for that beyond the power of the Chief

Justice to g s sooner approved by Rules of

Court made u have no force or effect after the expirâtion of 6 months after the date on which ít was gaven.

ditionatly 10. TIME LII4IT oN EXERCISE OF PO\47ER UNDER THIS PART

July 1987 bly are by Rules of Court shall not be made under sectíon 8 nor a direction given under section 9(1) Iater than 5 years t after the commencement of this Act (other than sectíons 1 (incì-uding and 2 of this Act).

o be Ru1es the Judges PART IV - CONSEQUENTIAL A}ÍENDMENTS

I Section 9 of the Principal Act ís amended -

direc tion pal Act as (a) by omitting the definition of "Rules" and e Rules or substituting the following:

L. I

'rtRulesr means the Rules of Court made under this

Act or ratífíed, validated and approved under the Supreme Court (Rufes of Procedure) ¿'ct

7987; "; and

)nsistency (b) by adding at the end the following:

I

" (2) In this or any other Act or an instrument of a

Act; or Iegislatíve or administratíve charact.er, a reference to -

¡ (a) a rule or decree of the Court shall be taken to be a reference to an order of the Court; or acting or ake Rules (b) a writ of prohibition, mandamus or certiorari that, but by which the Court had before the corrunencement make such of Parts II and IV of the Supreme Court (¡ules

I of Procedure) ect 7987 jurisdiction to grant

3

supreme Court (Ãu-Zes of Procedure)

relief or a remedY shal1 be taken to Court bea

."i...t "" to the judgment by which the frây, aft.er that commencement, grant that rel ie f crr" ietnudy under this Act and the Rules' " '

F

12. NEl{ SECTION

The Principal Act is amended by inserting in Part I' after section 9, the following:

''94, ABOLITION OF DISTINCTION BETI.{EEN COURT AND CITAMBERS q

" (1) The distinction between court and chambers is abolished.

"(2) Nothing in subsection (1) al-ters the practice ptà."d,r." of -the Court with respect to business that

"rra ú" conducted otherwise than ín open court'

""tr

"(3) The business of the Court, whether conducted in courL or otherwise, shall be taken to be conducted in court.

in

"(4) Where by or under this or any other Act II and force irrmediately before the commencement of PartsAct 7987 a lV of the Supreme court (Rules of Procedure) jurisdiction Po\^/er or authority is vested in a Judge -

'

'(a) the jurisdictíon, Power or. authorltY may the be exerclsed ín accordance with this Act andthat

Rules bY the Court in all respects âs

Judge míght have done; and

ti

without appeal an appeal does not fie from a determlnation of the Court. " .

4

r) Supreme Court (Rul-es of Procedure)

rken to be a 13. CONSTITUTION

Lch the Court t that rel-ief SectionllofthePrincipalActisamended-

lles . tt , sulsections (1) and (2) and fiì (a) by omitting slbstituting tht followíng:

and the lng in Part I, "(1) The court consists of the Judges

Master.

. AND CTIAMBERS ,'(2) The Court shall be constituted bY a Judge .or

-án -ect or the Rules Provide

Judges' or, in a case where bv the llaster, bY the Ìlaster ' d chambers is rI îtã?-1. maY be constituted exercising the

"joü"¿i"tio" of the Court'rt;

"iiaittg and

""á the practice (b) bY omitting subsection (3) ' business that

her conducted amended -

r conducted in Section 15 of the Princípal Act is

t'sitting in

by omitting from paragtaph other Act ín Courtt'; and

: Parts lI and (b) by omítting "paragraph (c)"' e) Act 7987 a in a Judge -

ority may be

; Act and the Section 16 of the Prlncipal Act is repealed' rects as that

Section 2L(2) of the Principal Act 'ís amended by

1ce with this ãï¿ substituting "made'r' oûr power and omirring "make" <1ttJi ";;;t;i*i jurisdiction,